A Study of the Criminal Liability of Legal Entities in the French Criminal System

Abstract

Criminal liability is the boundary between crime and punishment of criminal liability, and the commitment and obligation of an individual who has understanding and authority and is responsible for the results and consequences of his personal actions is considered criminal liability. The criminal liability of legal entities in French law is an objective, not subjective, matter. According to Article 2-121 of the new French Criminal Code, legal entities, with the exception of the state, are criminally liable for acts committed by agents and representatives on behalf of the legal entity. The criminal liability of legal entities does not prevent the liability of natural persons, whether they are managers or deputies.

The new criminal law has benefited from the teachings of criminology, especially the modern neoclassical school and the modern social defense movement, and the impact of these teachings on the acceptance of criminal liability of legal entities is the result of the influence of criminal law on criminological perspectives. In addition, the institution of criminal liability is an effort to protect the rights of victims against injuries and damages caused by the actions of legal entities, especially fatal accidents, and the principle of equality of all before the law of the judicial authority is evident in the criminal liability of legal entities.